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HomeMy WebLinkAbout2012-12-03 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES Regular Meeting December 3, 2012— 7:00 P.M. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Dennis Robertson, Verna Seal, Allan Ekberg, Kathy Hougardy, De'Sean Quinn and Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Bob Giberson, Public Works Director; Gail Labanara, Public Works Analyst; Jack Pace, Community Development Director; Peggy McCarthy, Finance Director; Rick Still, Parks and Recreation Director; Mike Villa, Police Chief; Derek Speck, Economic Development Administrator; Stephanie Brown, Human Resources Director; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS a. Swearing in of Sergeant Todd Rossi. Mike Villa, Police Chief. Mike Villa, Police Chief, introduced Todd Rossi, who has been promoted to the position of sergeant, to the City Council. Sergeant Rossi was hired in 2000 and has worked in a variety of capacities to include patrol, the SWAT team, as part of the honor guard, field training officer, range safety officer, boat captain, as well as Acting Sergeant. He has been in the Army Reserves for 20 years and is a first sergeant, who has been deployed overseas. Some of the quotes from his peers and coworkers include: "a fair approach to leadership," "professional," "respected teacher and instructor," "performance oriented," "proven management experience," and "generates confidence and competence." Mayor Haggerton administered the Oath of Office to Sergeant Rossi. Sergeant Rossi thanked the Chief, Mayor and City Council for this opportunity and introduced his family members in attendance. The Mayor and City Councilmembers congratulated Sergeant Rossi on his promotion. b. Recognition of a calendar cover award winner from the Foster Golf Course. Rick Still, Parks and Recreation Director. Rick Still, Parks and Recreation Director, introduced Curt Chandler, Golf Maintenance Supervisor, to the City Council. Mr. Chandler introduced his dog, Ava, who provides a service at the Foster Golf Course by ensuring the goose population does not take up permanent residence on the grounds. The Golf Course Superintendents Association has recognized Ava by putting her photo on the cover of their calendar (which was distributed to the Council and Mayor). The Mayor and City Councilmembers thanked Mr. Chandler and Ava for their good work at the Foster Golf Course. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 2 of 11 CITIZEN COMMENTS Pam Carter, 4115 South 139th Street, referenced the Community Affairs and Parks (CAP) Committee minutes and disappointment that Sound Transit will not be held to the terms of the 2009 agreement regarding the provision of adequate parking at the Light Rail Station in Tukwila. She stated it is impossible to find parking there after 8:00 a.m., and based on the information in the CAP packet, parking mitigation is not coming anytime soon. She expressed disappointment at the City for accepting this situation and at Sound Transit for continuing to treat the City poorly. Barbara Bader, 13660 Military Road South, expressed concern about the situation at the Light Rail Station, as there has been no way to get parking from almost day 1. She hopes that Sound Transit will have to live up to the agreement. Councilmember Hougardy, Chair of the Community Affairs and Parks Committee, asked for a brief overview of this issue. Jack Pace, Community Development Director, explained there were 2 issues that required mitigation from Sound Transit — parking and noise in the area of the Duwamish neighborhood. Through the dispute resolution process, Sound Transit agreed to install sound walls in the Duwamish area and to add oilers on the curves to further assist with quieting the situation in that area. As it relates to parking, it was found that the problem is compounded by people traveling from the south to park in the Tukwila lot and ride Light Rail to the north. It is important that parking be available to citizens living in this community. Mr. Pace indicated that Sound Transit has to come back to the City to amend the 2004 Parking Determination, and this is still a work in progress. The Councilmembers exchanged comments, to include: Parking at the Tukwila Light Rail Station is terrible; Sound Transit is not making the parking issues at the Tukwila station a priority; The City needs to hold Sound Transit accountable; The Council should pursue greater involvement in regional transportation boards and commissions; Sound Transit did not have a legal requirement to put sound barriers in the Duwamish neighborhood; Tukwila set aside parking concerns and accepted noise mitigation at that time to provide essential relief to residents; and Appreciation to the citizens who spoke to this issue. CONSENT AGENDA a. Approval of Vouchers #362014- 362018; #362020- 362113; #121102 - 121106 in the amount of $1,059,692.59. b. Authorize the Mayor to sign a contract with Kirshenbaum & Goss, Inc., PS, for video public defense services for 2013 -2014 in the amount of $1,890.00 per month. [Reviewed and forwarded to Consent by Finance & Safety Committee on 11/20/12.] c. Authorize the Mayor to sign a contract with Ball Janik, LLP, for federal representation and legislative services for 2013 -2014 in an amount not to exceed $75,600.00 per year. [Reviewed and forwarded to Consent by Finance & Safety Committee on 11/20/12] d. Authorize the Mayor to award a contract to Bates Roofing, LLC, for the Tukwila Pool Roof Project in the amount of $80,750.56. [Reviewed and forwarded to Consent by Community Affairs & Parks Committee on 11/26/12] MOVED TO NEW BUSINESS (page 8) e. Authorize the Mayor to award a contract to Evergreen Asphalt and Concrete for the Tukwila Pool Parking Lot and Access Improvements Project in the amount of $82,070.25. [Reviewed and forwarded to Consent by Community Affairs & Parks Committee on 11/26/12.]. MOVED TO NEW BUSINESS (page 8) MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilmember Ekberg asked for a summary regarding Items 4d and 4e on the Consent Agenda. Shelley Kerslake, City Attorney, relayed that these 2 items are contracts on behalf of the Metropolitan Park District (MPD). Pursuant to the Interlocal Agreement between the City and the MPD, the City can engage in project management for the MPD. Rather than have the MPD go through the process of Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 3 of 11 setting up a small works roster and bid process, it was found to be more efficient for the City to do the work and bill the MPD. Councilmember Kruller requested that Items 4d and 4e be removed from the Consent Agenda. The items were moved to New Business. *MOTION CARRIED 7 -0, TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 4D AND 4E. PUBLIC HEARINGS An ordinance adopting a Development Agreement for Tukwila Village. 7:32 p.m. Mayor Haggerton opened the public hearing and asked for a staff report. Derek Speck, Economic Development Administrator, utilized a Powerpoint presentation to provide an overview of this issue. On October 22, 2012 the City Council approved the Disposition and Development Agreement (DDA) with Tukwila Village Development Associates, LLC (TVDA) to develop Tukwila Village. The DDA is the primary agreement governing the roles, responsibilities, and obligations of the City and TVDA for the sale and development of the Tukwila Village property. The DDA sets in motion a number of successive actions and agreements that the parties need to complete. One of those agreements is a development agreement, which is being considered this evening. If approved, the Development Agreement (DA) would be an agreement between the City and TVDA that would serve three main purposes: (1) Certainty of Development Standards (Vesting) Certainty of Development Standards (Vesting): For a project to receive building permits, it needs to meet a number of the City's zoning and other regulations. If those regulations change before the proposed project has received design review approval, the applicant would have to redesign the project and resubmit the application. Under state law, once a project has received design review approval, it is "vested" for three years. In this example, vesting means that if the applicant submits the building permit application within three years of receiving the design review approval, the application would be reviewed under the standards in effect at the time of the design review approval even if the City changed those standards during those three years. This vesting is important to provide some certainty and stability to the development process. In the proposed DA, the vesting period is extended to start with the effective date of the DA rather than when the project receives design review approval. This provides additional certainty to TVDA, which is especially important for projects of this complexity and that include multiple phases. It is important to note that the proposed DA does not include any provisions that would change any vesting to codes and standards set forth in Tukwila Municipal Code Title 16 (Buildings and Construction), which includes building codes, fire codes, etc. (2) Adjusted Design Review Standards Adjusted Design Review Standards: The proposed DA includes some adjustments to the design review standards that would currently apply to this property. These adjustments do not change the underlying zoning or affect other properties. They only affect the Tukwila Village property. One of the adjusted standards would allow the maximum height of buildings A and D (as shown on the Preliminary Site Plan) to be increased by 5 feet to 75 feet. This is important since it may enable an extra story of residential units. Going from four stories of residential to five stories is an approximately 25% increase in units. This makes a very significant improvement to the financial viability of the project and Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 4 of 11 the resulting price the City would receive for the land. Without this additional story, it is possible those buildings would not be financially feasible. The other main adjustment to the standards relates to allowing the property to have multiple legal parcels (or lots) while being reviewed for site plan and design as if it is one integrated parcel. As an example, regular standards require a landscaped setback along property lines, even property lines that are interior to the overall site. That would mean, for example, that one parking area could not be spread across an interior property line. That would result in 2 parking areas instead of one and a less efficient use of space. This provision would allow design review as if those interior lot lines were not there. (3) Additional Design Review Criteria Additional Design Review Criteria: The City has an interest in this project meeting some additional design review criteria that are not currently part of the City regulations. In some cases, this is simply to have a higher standard. For example, as the project goes through design review, the City may want buildings B or E (as shown on the Preliminary Site Plan) to have greater setbacks or lower heights than allowed under existing regulations in order to reduce the visual impact on adjacent properties. In some cases, these additional criteria are necessary because the design review process and Board of Architectural Review (BAR) are being asked to review and approve the design of the plaza and commons to a level of detail that exceeds their normal responsibility and authority. Thus, the DA provides some criteria for the BAR to use. For example, before TVDA submits their design review application, the City and TVDA will mutually agree on a "Statement of Purpose and Design" for the plaza that will have specific details and requirements such as types of outdoor furniture, plants, materials, art, etc. The DA enables the BAR to use that Statement of Purpose and Design as additional criteria when reviewing the plaza parcel. 7:39 p.m. Mayor Haggerton called for public comments. Sharon Mann, 4452 South 160th Street, referenced the extra 5 feet for the maximum height of the buildings and relayed that in Tukwila that is the lowest point of the lot, as opposed to the median point. When the Tukwila International Boulevard Action Committee (TIBAC) looked at this, it was found that the additional height condition would not affect the residential community. In her view, this supports the vision for Tukwila Village, and she hopes it will move forward. Pam Carter, 4115 South 139th Street, supports the Development Agreement and emphasized the importance that a good design is the essential ingredient, and it would not be advantageous to put up impediments and restrictive requirements. The TIBAC group was willing to let a quality developer with a good design move forward with heights they felt were appropriate. Abdirisak Ahmed, 14101 Tukwila International Boulevard, expressed support for this item and said he has participated in the meetings and appreciates the effort put forth toward the project. 7:45 p.m. Mayor Haggerton closed the public hearing. UNFINISHED BUSINESS a. An ordinance adopting a Development Agreement for Tukwila Village. (For discussion only; scheduled for adoption at December 10, 2012 Special Meeting.) Councilmember Robertson referenced the extension of the vesting requirement and asked how long the extension would be. Mr. Speck said it would be 8 months for the first phase and approximately 16 -18 months for the next phase. Mr. Robertson asked if there are any significant changes to the development regulations anticipated during this time. Jack Pace, Community Development Director, said the only change coming up would be to the Energy Code sometime in August- December 2013. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 5 of 11 Mr. Robertson inquired about play areas as he did not see them on the site plan. Mr. Pace explained there are recreational spaces and amenities as part of the project. Councilmember Ekberg asked if TVDA is in agreement with the document before the Council, and Mr. Speck responded in the affirmative. Councilmember Kruller expressed that she finds the height being proposed for the buildings unappealing, and she hopes there will be features included that make it more amenable. MOVED BY QUINN, SECONDED BY DUFFIE TO FORWARD THIS ITEM TO THE DECEMBER 10, 2012 MEETING FOR APPROVAL. MOTION CARRIED 7 -0. b. Budget and Capital Improvement Program: Mayor Haggerton expressed appreciation to Peggy McCarthy, Finance Director, and Vicky Carlsen, Deputy Finance Director, for the good work put forth on the City's budget documents. (1) An ordinance amending Ordinance No. 2319, which adopted the City of Tukwila's biennial budget for the 2011 -2012 biennium, to adopt an amended biennial budget. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2319, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2011 -2012 BIENNIUM, TO ADOPT AN AMENDED BIENNIAL BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2388. (2) An ordinance adopting the biennial budget of the City of Tukwila for the 2013 -2014 biennium. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2013 -2014 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Quinn expressed that the Council and Administration put a great deal of effort into this product. He came away knowing more about the budget document than in prior years and appreciates the transparency and openness in the process. He does have concern regarding some key decisions that require logistical information to be shared with the Council. He referenced the position that was added to the budget to be moved to the Mayor's Office that could create a vacuum for the work relied upon by the City Council. This is a very significant issue. While he is comfortable with approving this budget, he can foresee changing the budget in the near future if the logistical items are not addressed. The Council must be fully staffed and supported. He referenced the recent report regarding the preschool as an example of beneficial information. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 6 of 11 Mayor Haggerton relayed this will be addressed to the Council's satisfaction, and there is no need for concern. He will provide the information based on the Council President's preference for getting it to the Council. Councilmember Robertson agreed with Councilmember Quinn's concern. Additionally, he expressed concern that the sewer utility will not meet its reserve requirements. After discussion regarding this issue, Peggy McCarthy, Finance Director, stated the intent is to review the funding and bring any issues regarding the Sewer Fund back to the Council in the first quarter of 2013. The budget can be amended if it is found to be necessary. Councilmember Kruller expressed appreciation for the budget process and shares Councilmember Quinn's concern regarding support for the Council. Additionally, in her view, the City is spending more and not less. It is her hope that in future years, the City will find places where savings can be recognized. *MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2389. (3) A resolution adopting the 2013 -2018 Financial Planning Model and Capital Improvement Program for general government and the City's enterprise funds. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2013 -2018 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT RESOLUTION NUMBER 1781. c. An ordinance relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $1,100,000 aggregate principal amount of limited tax general obligation bonds to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Metropolitan Park District, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the city's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $1,100,000 AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE POOL AND RELATED FACILITIES OWNED BY THE TUKWILA METROPOLITAN PARK DISTRICT, AND TO PAY THE COSTS OF ISSUANCE AND SALE OF THE BONDS; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; AND PROVIDING FOR OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2390. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 7 of 11 d. Authorize the Mayor to sign a contract with Kenyon Disend, PLLC, for 2013 -2014 legal services in the amount of $37,105.00 per month, plus expenses. MOVED BY QUINN, SECONDED BY HOUGARDY TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH KENYON DISEND, PLLC, FOR 2013 -2014 LEGAL SERVICES IN THE AMOUNT OF $37,105.00 PER MONTH, PLUS EXPENSES. MOTION CARRIED 7 -0. Mayor Haggerton acknowledged the excellent services provided by Shelley Kerslake and the staff of Kenyon Disend. e. Authorize the Mayor to sign a contract with Kirshenbaum & Goss, Inc., PS, for 2013 -2014 public defender services in the amount of $12,000.00 per month for a caseload of 120. In months where the caseload exceeds 120, the contractor shall be paid at a rate of $100.00 per case. MOVED BY QUINN, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH KIRSHENBAUM & GOSS, INC., PS, FOR 2013 -2014 PUBLIC DEFENDER SERVICES IN THE AMOUNT OF $12,000.00 PER MONTH FOR A CASELOAD OF 120; IN MONTHS WHERE THE CASELOAD EXCEEDS 120, THE CONTRACTOR SHALL BE PAID AT A RATE OF $100.00 PER CASE. MOTION CARRIED 7 -0. f. A resolution fixing the time for a public hearing for vacation of right -of -way within the City of Tukwila dedicated for street purposes, generally described as portions of South 178th Street. MOVED BY SEAL, SECONDED BY HOUGARDY THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF SOUTH 178TH STREET. Bob Giberson, Public Works Director, explained that at the November 19, 2012 Regular Meeting, staff was asked to bring back a resolution setting a public hearing date for the street vacation of South 178th Street. The public hearing has been set for January 7, 2013. Councilmember Kruller said there are 2 homes in the affected area that involve renters, and she would like to ensure they are notified. Mr. Giberson ensured they would be notified. MOVED BY SEAL, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT RESOLUTION NUMBER 1782. NEW BUSINESS a. A resolution declaring an emergency in response to damages to public property due to a collapsed stormwater pipe. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING AN EMERGENCY IN RESPONSE TO DAMAGES TO PUBLIC PROPERTY DUE TO A COLLAPSED STORMWATER PIPE. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 8 of 11 MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Bob Giberson, Public Works Director, explained that on November 19, 2012, a large sinkhole was created after there was a break in a 30 -inch stormwater line on East Marginal Way South just south of South 124th Street. The pipe conveys stormwater flows from the east fork of Riverton Creek, as well as local drainage in the area near Group Health and the Metro bus barn. The pipe is corrugated metal and is approximately 10 feet deep. A complete failure of the storm pipe or expansion of the sinkhole could lead to localized flooding and /or damage to utilities and the roadway. Per RCW 39.040.280, this resolution declares an emergency and authorizes Public Works to immediately construct repairs to the damaged stormwater pipe by a construction contract exempt from competitive bidding. Staff will contract to stabilize the failing pipe until a permanent repair project can be designed and constructed. This is anticipated to occur in June -July 2013 when the fish are not running. *MOTION CARRIED 7 -0, TO ADOPT RESOLUTION NUMBER 1783. DISCUSSION ON ITEMS REMOVED FROM CONSENT AGENDA (on page 2) Councilmember Kruller explained that she has concerns with the Mayor signing Capital Improvement Project contracts for the Metropolitan Park District (MPD). It would be more appropriate for the Board President to sign the documents, as the Mayor is not the legal signatory for these documents. In her view, this could open the City up to a lawsuit and cause the contract to be non - binding. Shelley Kerslake, City Attorney, explained she was contacted by the MPD Attorney, Lisa Marshall, as efforts were being made to streamline the bidding process. It can be time consuming to reinvent the wheel to create a small works roster and go out for bid. They reviewed the Interlocal Agreement between the City and the MPD, which authorizes the City to handle project management functions, as well as the maintenance of the exterior grounds. It was determined the City could provide support for taking on the contracting and pass the cost on to the MPD. This was an attempt to create a win -win for the MPD and the City. If the intent is to send this to the MPD to be the contracting party, the project would have to be re -bid, as it was the City that put the projects out for bid. If there is a desire to switch gears, it would not be as simple as having the MPD Board approve the contract. Council President Seal asked how this would affect the timing for the associated projects. Rick Still, Parks and Recreation Director, said the contractors are ready to go with the ADA access project, which is anticipated to be done by January 15, 2013 and the roofing project should be complete by May 15, 2013. If action is not taken tonight, neither project would be complete until after the small works roster is established for the MPD and re- bidding of the projects occur. Councilmember Quinn asked the City Attorney about the legal risks involved. Ms. Kerslake stated the Interlocal Agreement supports this process, and she is comfortable with the route being taken. Councilmember Kruller relayed that she does not want to slow down the process, and does feel we are on the wrong path. Ms. Kerslake said the City would be in a legally binding contract with the contractor, and the only risk would be if there is a dispute between the City and contractor. In working with staff, it was agreed that for these 2 projects, which are the only 2 projects that fall into this category, the risk is acceptable. Ms. Kruller inquired if this would pass an audit, and Ms. Kerslake responded that the Interlocal Agreement supports the route being taken. Ms. Kruller said she hopes in the future the MPD will look at this and have the signatures handled by the MPD officers. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 9 of 11 b. Authorize the Mayor to award a contract to Bates Roofing, LLC, for the Tukwila Pool Roof Project in the amount of $80,750.56. [Reviewed and forwarded to Consent by Community Affairs & Parks Committee on 11/26/12.] MOVED BY HOUGARDY, SECONDED BY ROBERTSON TO AUTHORIZE THE MAYOR TO AWARD A CONTRACT TO BATES ROOFING, LLC, FOR THE TUKWILA POOL ROOF PROJECT IN THE AMOUNT OF $80,750.56. ROLL CALL VOTE: (Requested by Councilmember Quinn) DUFFIE YES ROBERTSON YES SEAL YES EKBERG YES HOUGARDY YES QUINN YES KRULLER YES MOTION CARRIED 7 -0. c. Authorize the Mayor to award a contract to Evergreen Asphalt and Concrete for the Tukwila Pool Parking Lot and Access Improvements Project in the amount of $82,070.25. [Reviewed and forwarded to Consent by Community Affairs & Parks Committee on 11/26/12.] MOVED BY HOUGARDY, SECONDED BY ROBERTSON TO AUTHORIZE THE MAYOR TO AWARD A CONTRACT TO EVERGREEN ASPHALT AND CONCRETE FOR THE TUKWILA POOL PARKING LOT AND ACCESS IMPROVEMENTS PROJECT IN THE AMOUNT OF $82,070.25. ROLL CALL VOTE: (Requested by Councilmember Quinn) DUFFIE YES ROBERTSON YES SEAL YES EKBERG YES HOUGARDY YES QUINN YES KRULLER YES MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton reported that the community meeting on November 28, 2012 for Tukwila Village at the Foster Commons was well attended by citizens from Tukwila's diverse population. There were interpreters on hand, so that all comments and suggestions could be considered for incorporation into the design plans. Additionally, the Tukwila Village Development Association (TVDA) submitted a $100,000 deposit, which is referenced in Section 2.2 of the Disposition and Development Agreement. b. City Council Councilmember Duffie referenced a letter received from a citizen and inquired about a possible response. Councilmember Hougardy commented that a process for handling these kinds of issues could be a topic at the upcoming Council Retreat. Councilmember Robertson reported that on November 20, 2012, he and Councilmember Kruller participated in a global -to -local event. Questions were posed to the attendees regarding whether they lived in Tukwila, and if they were to leave Tukwila, what the reason would be for moving. An answer that continued to come up involved the quality of housing in the City as well as public safety concerns. Mr. Robertson emphasized the importance of retaining citizens in the Tukwila community. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 10 of 11 Additionally, Mr. Robertson referenced the high quality of the documents provided by the Finance Department for the budget. He suggested that a possible item for the Council Retreat would involve high level policy decisions regarding City finances to ensure Tukwila is solvent for future Councils. Council President Seal explained there will not be a Regular Council Meeting on December 17, 2012. However, there will be an MPD meeting on December 17 that will start at 5:30 p.m. Councilmember Ekberg attended the National League of Cities Conference last week, and will be hosting the Council Coffee Chat this coming Saturday, December 8, 2012 (Foster Golf Links Clubhouse at 10:00 a.m.). Councilmember Hougardy attended the Highline Forum on November 26, 2012 and the Strategic Plan meeting on November 29, 2012. Councilmember Quinn attended the recent Tukwila Tree Committee meeting and encouraged the Council to review the minutes of the meeting. He reported that one of the valued members of the Tree Committee will be moving out of state, leaving an opening to be filled. Councilmember Kruller attended the National League of Cities Conference last week and found it to be beneficial and enlightening. c. Staff David Cline, City Administrator, referenced the City Administrator Report in the packet and offered to answer any questions. Additionally, he acknowledged Joyce Trantina in the Mayor's Office for her work on the Strategic Plan, Peggy McCarthy, Finance Director, for her work on a successful budget process and adoption, and Derek Speck, Economic Development Administrator, for his efforts on the Tukwila Village project. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. MISCELLANEOUS Councilmember Hougardy thanked David Cline for the City Administrator Report and was pleased to see he will be meeting with the Tukwila School District Superintendent on a regular basis. Additionally, she asked the Councilmembers to provide her with their requests for Council Committee and regional committee assignments. She would like their preferences via email by December 10, 2012. Mayor Haggerton indicated that the issue of housing stock and public safety came through in the strategic planning process and will need to be addressed. Tukwila City Council Regular Meeting Minutes December 3, 2012 Page 11 of 11 ADJOURNMENT 9:02 p.m. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Jim Hag AT . Mayor , May Christy O'Flahe "City Clerk APPROVED BY THE CITY COUNCIL: 1/7/13 AVAILABLE ON CITY WEBSITE: 1/8/13